Kandasamy v. Ramamoorthy
Case brief
What is this about?
Court allowed petitions condoning 778-day delay due to death of sole appellant and pandemic, impleading legal representatives as co-appellants and directed registry amendment.
What did the court decide?
Petitions allowed; proposed legal representatives impleaded as appellants 2 and 3; registry directed to amend cause title and post matter.
What the court decided
C.M.P.Nos.13371, 13374 & 13376 of 2022 in S.A.No.482 of 2013
C.M.P.Nos. 13371, 13374 & 13376 of 2022 in
S.A. No. 482 of 2013
T.V. THAMILSELVI, J.
These petitions have been filed seeking to condone the delay of 778 days in filing the petition to set aside the abatement, to set aside the abatement caused due to the death of sole appellant, and to bring on record the proposed appellants 2 and 3 herein as legal representatives of deceased sole appellant.
- Mr.P.Vasanth, learned counsel for petitioners/appellants submitted that pending appeal, sole appellant died on 01.01.2020. He would submit that as the wife of deceased appellant was sick and his son doing labour work, they not are acquainted with the court proceedings. In view of the same, they have not approached their counsel in time to inform his father's death and to take further action in the above second appeal. However, due to COVID-19 pandemic, there was a delay in obtaining the death certificate and legal heir certificate, and after obtaining the same, they have approached their counsel. In the meanwhile, the delay of 778 days in setting aside the abatement arose and the delay is neither willful nor wanton. Hence, he has filed the above petitions.
C.M.P.Nos.13371, 13374 & 13376 of 2022 in S.A.No.482 of 2013
Issues for consideration
2 issues framed by the court
Whether delay of 778 days in filing petition to set aside abatement can be condoned due to death of sole appellant and COVID-19 pandemic.
Whether proposed legal representatives of deceased appellant can be brought on record.
Parties & counsel
- applicant
T.V. Thamilselvi
Coram
T.V. Thamilselvi
Case details
As recorded by the court registry
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